James Holmes Planning Insanity Plea, Attorneys Confirm

The Aurora Theater Shooting suspect plans to plead not guilty by reason of insanity for the shooting spree that killed 12 and injured 70 during a midnight showing of ‘The Dark Knight Rises.’

On April 1, prosecutors in the case announced that they will seek the death penalty for James Holmes, the man accused of opening fire on a movie theater in Aurora, Colo. on July 20, 2012. James’ attorneys responded to the announcement by filing intent to enter a plea of not guilty by reason of insanity on May 7.

James Holmes Planning Insanity Plea, Attorneys Confirm

James previously entered a standard not guilty plea, and attorneys will formally ask for the change of plea at a May 13 hearing. If the judge accepts the new insanity plea, James will be sent to a state mental hospital for a mental health evaluation to determine whether or not he was insane when the shootings happened.

James’ trial will begin in February, and is expected to last up to four months.

When James was in court shortly after the shootings, he appeared to be falling asleep in the court room. Psychiatrist Dr. Carole Lieberman spoke to HollywoodLife.com EXCLUSIVELY about the appearance of James’ mental state at the hearing.

“James looked as if he was trying to wake up from a nightmare,” Dr. Carole Lieberman explains. “But every time he opened his eyes, he realized the nightmare was real. This confusion is typical of people who have immersed themselves in fantasy media violence and are having trouble getting back in touch with reality.”

“He could be medicated or sleep deprived,” she adds. “No way he’s not faking, because he had episodes where he is trying to keep his eyes open. His behavior is too consistent, he did it too many times. It was like he was groggy.”